In 2017, NAB PS seized 1.7 kg and 1.5 kg brown sugar packets from the airport while being transported by one auto-rickshaw. However, NAB PS had registered only 1.7 kg seized brown sugar on the FIR and the question of the other 1.5 kg has confused the presiding officer of Special Judge (ND&PS), Manipur and the special public prosecutor (PP).
The case was prepared for final argument and judgment on February 19 and has also fixed the announcement of the order on April 6. However, the same order could not be announced due to the ongoing COVID-19 related lockdown.
While preparing the judgment and order, it was revealed from records that on December 27, 2017, the NAB PS seized 1.7 kg and 1.5kg of brown sugar consignments from the airport while being transported by one auto-rickshaw. Among accused, the accused no. 1, Mangkhom Keshokumar took Rs 3,00,000 from the owner of the drugs and released the auto-rickshaw driver. It was revealed that SI Amitabh contacted the accused M Keshokumar and told him that another accused Md Bashiruddin wanted to meet him.
Accordingly, both the accused met on December 30, 2017 and had negotiated about the seized drugs on December 31, 2017. M Keshokumar returned 1.5kg of brown sugar to the accused Md Bashiruddin as negotiated for handing over to Md Ahameduddin, who is the alleged owner of the drugs. The remaining 1.7 kg brown sugar was divided into two packets on January 4, 2018 and kept concealed inside the house of K Roma Devi. The trial case of 1.7 kg is going on under section 21(c) of ND&PS act, 1985.
The accused Md Bashiruddin disclosed that he met accused M Keshokumar so as to negotiate about the seized drugs at Old Lambulane, on December 30, 2017. And he collected 1.5kg of brown sugar from the accused M Keshokumar on December 31, 2017 and handed over the amount to the owner.
On factual position, special PP had submitted before the court that he was “very confused” as to why NAB PS has not registered the FIR case of seizing of brown sugar weighing about 1.7 kg and 1.5 kg and the case of FIR NO 02(01)2018 NAB PS under section 21 (c) ND&PS Act has been registered on January 4, 2018 for seizing 1.7kg of brown sugar only.
On considering the submission, the court directed special PP to submit a report and explain the reason for not registering the case for seizing the brown sugar of 1.5kg which was seized from the same auto-rickshaw at the time of seizing of 1.7 kg brown sugar and whether the question of handing over 1.5kg of brown sugar by Md Bashiruddin to the owner of seized drugs after negotiating with the owner is permissible by law or not.
As per record, Md Bashiruddin was discharged from the liability of the case on March, 11, 2019 on the submission made by the special PP. The court has fixed June 26 to submit the report from special PP.